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Re: ISSUE-10 First party definition, ISSUE-60, ACTION-?

From: Peter Swire <peter@peterswire.net>
Date: Wed, 27 Feb 2013 08:07:10 -0800
To: "public-tracking@w3.org" <public-tracking@w3.org>
Message-ID: <CD539781.704E7%peter@peterswire.net>
Justin:

Thank you for circulating this.

Options on definition of first party from "bare bones" draft prepared for Cambridge F2F: http://www.w3.org/2011/tracking-protection/drafts/CambridgeBareBones.html#first-third-parties

Options on definition of first party from October draft: http://www.w3.org/TR/tracking-compliance/#first-third-parties

Rob Sherman has an action item on multiple first parties that he is working on, which he wrote to me he plans to have ready for next week.

Peter



Professor Peter P. Swire
C. William O'Neill Professor of Law
    Ohio State University
240.994.4142
www.peterswire.net

From: Justin Brookman <justin@cdt.org<mailto:justin@cdt.org>>
Date: Wednesday, February 27, 2013 10:52 AM
To: "public-tracking@w3.org<mailto:public-tracking@w3.org>" <public-tracking@w3.org<mailto:public-tracking@w3.org>>
Subject: ISSUE-10 First party definition, ISSUE-60, ACTION-?
Resent-From: <public-tracking@w3.org<mailto:public-tracking@w3.org>>
Resent-Date: Wednesday, February 27, 2013 10:52 AM

Peter asked me to try to combine the three definitions of "first party" in the current text in consultation with Heather.  The existing definitions are all very close, and I don't think there are major substantive disagreements here.  Anyway, here is my best effort (Heather provided feedback, but she's not around this morning, so I don't know if she blesses this):

In a specific network interaction, if a party can reasonably conclude with high probability that the user intends to communicate with it, that party is a <dfn>first party</dfn>.  In most cases on a traditional web browser, the first party will be the party that owns and operates the domain visible in the address bar.  A first party also includes a party that owns and operates an embedded widget, search box, or similar service with which a user intentionally interacts.  If a user merely mouses over, closes, or mutes such content, that is not sufficient interaction to render the party a first party.

Rob Sherman is separately working on text regarding multiple first parties.

Chris Pedigo and Vinay Goel are separately working on text regarding data processors that stand in the shoes of their controllers, party-wise.

--
Justin Brookman
Director, Consumer Privacy
Center for Democracy & Technology
tel 202.407.8812
justin@cdt.org<mailto:justin@cdt.org>http://www.cdt.org
@JustinBrookman
@CenDemTech
Received on Wednesday, 27 February 2013 16:07:38 UTC

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